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People v. Ginyard

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 268 (N.Y. App. Div. 2007)

Opinion

No. 1867 4570/88.

November 1, 2007.

Order, Supreme Court, New York County (Arlene Silverman, J.), entered on or about June 9, 2005, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Steven Banks, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Nicole Beder of counsel), for respondent.

Before: Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.


The People met their burden of establishing, by clear and convincing evidence, risk factors bearing a sufficient total point score to support a level three sex offender adjudication. At the very least, defendant's prison disciplinary record clearly warranted assessment of 10 points under the risk factor for conduct while confined ( see People v Chabrier, 38 AD3d 355, lv denied 9 NY3d 801), and these points alone, when added to 100 undisputed points, brought him up to the level three threshold. We have considered and rejected defendant's remaining arguments.


Summaries of

People v. Ginyard

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 268 (N.Y. App. Div. 2007)
Case details for

People v. Ginyard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENN GINYARD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 2007

Citations

45 A.D.3d 268 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8282
845 N.Y.S.2d 21

Citing Cases

People v. Ginyard

Decided February 7, 2008. Appeal from the 1st Dept: 45 AD3d 268. Motions for Leave to Appeal,…